Kyrima Anderson, et al. v. Warden Jessie Williams, et al.

Summary

The United States District Court for the Middle District of Georgia denied Kyrima Anderson’s motion for reconsideration of the dismissal of her pro se prisoner class action. The court held that Anderson identified no intervening change in law, newly discovered evidence, clear error, or manifest injustice, and reaffirmed that a non-attorney prisoner may not represent fellow prisoners in a class action. The dismissal without prejudice and denial of appointed counsel therefore remained in effect.

Holdings

1. Reconsideration was not warranted because Anderson identified no intervening change in controlling law, newly discovered evidence, clear error of law, or manifest injustice.
2. A pro se prisoner who is not a licensed attorney may not represent fellow prisoners or bring a class action on their behalf in federal court.
3. Dismissal before service and denial of appointed counsel were proper because the complaint was subject to dismissal at preliminary prisoner screening and Anderson could not represent the other prisoners.

Questions Presented

1. Whether Anderson satisfied the standards for altering or amending the prior dismissal under Federal Rule of Civil Procedure 59(e) or Middle District of Georgia Local Rule 7.6.
2. Whether a pro se prisoner who is not a licensed attorney may represent fellow prisoners or maintain a prisoner class action.
3. Whether dismissal before service and denial of appointed counsel were proper in light of the prohibition on pro se representation of other prisoners and the prisoner-screening requirements of 28 U.S.C. § 1915A.

Disposition

other